Poa by a pvt ltd company

at your mercy (Querist) 22 May 2025 This query is : Resolved
Is the following legal requirement for POA given by the company especially selling UDS to buyers for flat construction? resoution only is given to a staff to sign on behalf of the company
A company resolution and a Power of Attorney (POA) are used in conjunction to authorize an agent to act on behalf of a company, especially when selling property. The POA needs to be registered with the Sub-Registrar's office to be legally valid in India, as per the Indian Registration Act. This registration ensures the document is legally enforceable and protects both the principal (the company) and the agent. (in essence, the company resolution sets the stage for the action, while the POA empowers the agent to execute the action, and registration with the Sub-Registrar ensures the POA is legally sound and enforceable. )

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For a private limited company in India selling property, a Power of Attorney (POA) granted to staff (not directors) to sign on their behalf requires specific legal steps. A company resolution authorises the action, but the POA itself must be registered with the Sub-Registrar's office to be legally valid and enforceable, especially for property transactions exceeding Rs. 100. An unregistered POA cannot be used to execute a registered sale deed.

T. Kalaiselvan, Advocate (Expert) 23 May 2025
Yes, it is mandatory to register certain deeds pertaining to the transaction of immovable property in India, as per section 17 of the Indian Registration Act, 1908. Specifically, sale deeds, agreements for the transfer of immovable property, and other instruments that create, declare, assign, limit, or extinguish any right or title to immovable property must be registered if the value of the property is more than Rs. 100/-
But what is your query?

at your mercy (Querist) 23 May 2025
Is a power of attorney registration with the Sub-Registrar in addition to a pvt ltd company resolution favouring a staff (not directors) to sell the compnays property necessary ?

T. Kalaiselvan, Advocate (Expert) 23 May 2025
The registrar will not entertain the power agent to execute the registered sale deed on the basis of an unregistered power of attorney deed.

kavksatyanarayana (Expert) 23 May 2025
A minimum of 7 members are required to form a company, and the board, on resolution, gives powers by a registered GPA to one of the employees to execute the documents on behalf of the company.

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